eBook details
- Title: Fuyat V. Los Alamos National Laboratory
- Author : New Mexico Court of Appeals
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Los Alamos National Laboratory (employer, lab) appeals a disposition order from the Workers' Compensation Administration awarding permanent partial disability benefits and attorney fees to claimant. Employer raises five issues on appeal: 1) whether the workers' compensation judge's (judge) determination that claimant's disability was causally related to an accidental injury is supported by substantial evidence; 2) whether the determination that claimant has a 50% permanent partial disability is supported by substantial evidence: 3) whether the judge erred in failing to identify a specific injury pursuant to which claimant is disabled: 4) whether the testimony of Dr. Krohn and Dr. Johnson was inadmissible and, therefore, could not be used to support the determination regarding causation: and 5) whether the judge erred in awarding attorney fees equal to 63% of the award. Claimant cross-appeals, raising three issues: 1) whether the judge should have found that she was totally permanently disabled; 2) whether the judge erred in awarding employer a setoff for benefits already paid to her: and 3) whether the judge erred in failing to award vocational rehabilitation benefits. We reverse the setoff for benefits paid to claimant and affirm the remainder of the disposition order.